terms and conditions

This contract is made between:(a) "the guest": the person who makes the initial deposit payment for “the holiday”, being twenty-one years of age or over and who assumes responsibility for all party members and visitors; and,(b) "the owner": John Gallagher, e: cherrytop@bigpond.com, t: 03 6395 1167.

The contract confers upon the guest the right to occupy Cherry Top Acommodation (“the property”) for the purposes of a holiday and not for any other purpose (“the holiday”).

These terms and conditions will apply in every case without alteration unless otherwise agreed in writing before the commencement of the holiday.reservations and bookingsterms & conditions...To make a reservation the guest must send to the owner by email the following details:• the dates to be reserved• their name, address and landline, and their email and mobile phone number to be used on holiday• the full names of everyone who will be staying and ages of those under 21Having received the above details the owner will send by email a reservation confirmation to the guest along with a request for the following:• an initial payment of 50% of the cost of the holiday, which must be paid within four days of the date on which the owner issued the payment request• that the guest reads and agrees to these terms and conditions.The owner will also send a payment schedule showing the date by which both the final payment of 50% of the cost of the holiday will be due no later than eight weeks before the holiday starts. A reminder will not normally be sent.

If the guest books less than 8 weeks before the arrival date, payment of the total cost shall be due immediately.

A booking for a holiday will be confirmed and this contract comes into operation only when the initial deposit and a list of everyone who will be staying and the ages of those under 21 have been received.

The owner will send an email to confirm acceptance of the initial payment and the booking. Acceptance by the guest of the Terms and Conditions is confirmation that a contract for the holiday has been concluded. The owner reserves the right to refuse any booking prior to the issue of a written confirmation.

The guest should carefully check the details of the written confirmation and inform the owner immediately of any errors or omissions.

Upon receipt of the final payment of 50% of the cost of the holiday the owner will send directions and useful information within two weeks from the start of the holiday.

If the payments are not received by the due dates, the owner shall be entitled to treat the guest's reservation/booking as cancelled and any monies paid may be forfeited and unpaid monies shall remain payable.

The owner has the absolute right to refuse any bookings. In this case, monies received shall be promptly returned to the guest. The owner reserves the right to cancel or alter arrangements made for the guest whether before or during the relevant visit (a) where any error has arisen regarding availability, (b) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the control of the owner or (c) where in the reasonable opinion of the owner, it is necessary to perform or complete essential remedial or refurbishment works.

Bookings cannot be accepted from groups of single persons under the age of twenty one nor from groups of all male or all female parties and if at the commencement of the holiday it appears to the owner that this condition has been broken, the guest and his or her party may be refused access, the booking may be cancelled, any monies paid may be forfeited and unpaid monies shall remain payable.

The guest cannot allow more people to stay in the property than expressly authorised, or significantly change the makeup of the party during the stay in the property. Nor can the guest take a pet into the property unless it has been arranged in advance and it is shown on the booking confirmation. If the guest does so, the owner can refuse to hand over the property to the guest or can require the guest to leave it. Any of these circumstances will be treated as the guest a cancelling the booking.

damagesThe guest agrees to notify the owner immediately of any damage or breakage and to pay for all costs of any breakage or damage in or to the property.

paymentAll payments shall be made to the owner by bank transfer or Paypal.

Bank charges incurred by the owner upon payment will be charged to the guest and will be paid on arrival.

arrival and departureThe holiday is for a maximum of three weeks.

The guest agrees to arrive no earlier than 2pm and no later than 10pm on the day of arrival and to leave no later than 10am on the day of departure, unless otherwise agreed in writing.

Electricity, gas, water services and weekly cleaning are included in the cost of the holiday.occupancy

The guest must not use the property or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to owner or to any neighbours. No fireworks, Chinese or sky lanterns (or other lights or illuminations which have naked flames) shall be let off from the property.

smokingSmoking is not allowed inside any part of the property.

care of property and damages and breakageThe guest undertakes to take proper care of the property including all its contents and surrounds and to leave the property in the same state of repair, condition, cleanliness and tidiness as at the beginning of the stay. You agree not to cause any damage to the walls, doors or windows of the property.

Bed linen, bath, and tea towels are provided. Towels must not be taken out of the house.

The guest must notify the owner of any breakages or damages immediately when they happen. The guest may at the owners discretion be required to reimburse the owner for replacement, repair or any extra cleaning costs.

the guest agrees

not to re-arrange, change or remove any of the property’s installations, furniture, fixtures and fittings• not to block the shower, bath, sinks, lavatory, cistern, drains, gutters, pipes, chimneys and the like

not to wash dogs or sandy items in the shower, bath or sinks

to fasten all locks to all doors and windows whenever the property is left unattended to prevent unauthorised access to the property

not to change or install locks on any doors or windows nor have additional keys made for any locks

to put out all recycling and rubbish for collection on the specified days

to vacate the property at the end of each week to enable cleaning to take place

mid-stay property refreshFor stays of longer than one week the guest agrees to allow our cleaner access to the cottage to change the linen, clean the kitchen and bathroom and vacuum the living areas. Unless otherwise agreed, the cleaner will arrive on a Saturday at 10am and will be there for two hours. We request that the guest vacates the cottage during this time.

cancellation(a) by the guestNon-payment of the balance of rent before the due date shall cancel the booking and the booking deposit of 50% shall be forfeited.

If the guest needs to cancel or amend a booking the owner must be informed by telephone as soon as possible. The guest must also confirm the cancellation in writing or by email. A cancellation will not take effect until the owner receives written confirmation. A 100% cancellation charge will be payable. If the guest cancels the booking for any reason following payment in full for the holiday, a 50% refund will be made only if the owner re-lets at full rent.

On receipt of the written cancellation the owner will endeavour to re-book the property for the holiday period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less $100 (one hundred dollars) to cover administration. The owner reserves the right to discount the cost of a cancelled week for late availability bookings, which may lead to no refund being payable.

(b) by the ownerThe owner would not expect to have to make any changes to or cancel a booking but if, due to circumstances beyond the owner’s control, this does happen the owner will contact the guest as soon as is reasonably practical. If it is necessary to cancel a booking, the owner will refund the balance of any money paid in an equal amount to time remaining. The owner will endeavour to find an alternative suitable date for the guest.

booking amendmentsThe owner cannot guarantee the availability of the property on a different date, but where an amendment can be made a fee of $50 to cover administration shall be charged.

petsWell trained dogs (maximum of one) are accepted in advance agreement with the owner and on the condition that they are not allowed on the furniture, and especially the beds, nor left unattended in the accommodation. A charge will be made for each dog (guide dogs for the blind and hearing dogs for profoundly deaf people excepted). No other domestic pets can be accepted.

The guest must bring dog beds for their pets.

liabilityUse of the property is entirely at the guest’s own risk and the owner accepts no liability for any accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred, arrived out of, or in any way connect with the rental. But nothing in this agreement limits or excludes the liability of the owner for death or personal injury resulting from negligence.

The provision of wireless broadband internet access is a complimentary facility and the owner accepts no liability for loss of coverage or quality where technical problems are experienced.

If the property becomes unavailable or unusable for any reason prior to the start of the date of the holiday or during the stay, then the owner’s obligation will be to reimburse the guest for any monies paid or in the case of disruption during a stay, pro rata.

The information and description given on the website is for guidance only. The owner has made every reasonable effort to ensure that the information given in relation to the Property is accurate and complete but no liability is accepted for any minor errors in description.

The owner reserves the right at any time to alter the property as the owner sees fit.

In case of any discrepancy between the descriptions and pictures of the property and the property these conditions prevail.

You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property.

We strongly encourage that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

If for any reason beyond the owner’s control the property is not available on the date booked (due to fire damage, for example) all monies paid in advance by the guest will be refunded in full but the owner shall not have any further liability to the guest.

If there is any material breach of these conditions including, but not limited to vandalism or disturbance, the owner and/or their representative reserves the right to re-enter the property and terminate the holiday without prejudice to the other rights and remedies of the owner.

rights of entryThe owner or a representative shall be allowed the right of entry to the property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance.

repeat bookingsThe owner accepts no obligation to reserve specific weeks on an annual basis. Where tariffs are published on the website and weeks are shown as available, we will accept any booking subject to compliance with our terms and conditions.

complaintsEvery care is taken to ensure that the property is presented to guests to a high standard. Should the guest at any time believe there is a problem, or a cause for complaint, it is essential that the guest contacts the owner immediately during the holiday, not after it, so that it can be speedily resolved.

If any complaint cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of it.

lawThe contract between the guest and the owner is governed by the law of Australia and any dispute, matter or other issue which arises will be dealt with by the Courts of Australia.

The person paying the initial payment hereby certifies that he or she is a member of the party intending to occupy, is over twenty one years old, and is authorised to agree to the terms and conditions on behalf of all persons who stay at the property.

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